Alcozer v. State

571 S.W.3d 299
CourtCourt of Appeals of Texas
DecidedDecember 4, 2018
DocketNO. 01-17-00970-CR; NO. 01-17-00971-CR
StatusPublished
Cited by1 cases

This text of 571 S.W.3d 299 (Alcozer v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alcozer v. State, 571 S.W.3d 299 (Tex. Ct. App. 2018).

Opinion

Harvey Brown, Justice

In a single issue, Adam Alcozer appeals the trial court's order requiring that he wear physical restraints during the guilt-innocence phase of his jury trial. Because the trial court did not abuse its discretion in concluding that exceptional circumstances warranted the use of physical restraints in this particular proceeding, given this particular criminal defendant's history, we affirm.

*301Background

Waller County law enforcement received a call from the Houston Police Department alerting them that a white Chevrolet Impala with a particular license plate number would be traveling through the area with two men carrying narcotics. The Impala belonged to Adam Alcozer. Alcozer's nephew was driving the vehicle, and Alcozer was in the front passenger seat.

When law enforcement saw the matching Impala, they attempted to stop the vehicle. Alcozer's nephew refused to stop, and a chase ensued. During the chase, Alcozer threw narcotics out the passenger window. Once the vehicle was disabled, Alcozer attempted to flee on foot but was detained. Alcozer was charged with possession of narcotics, tampering with evidence, and evading arrest.

On the Friday before his first trial setting, the trial court denied Alcozer's motion to replace his court-appointed counsel. The trial court informed Alcozer that he had the option to hire additional counsel but that his appointed counsel would remain. During the discussions, the trial court repeatedly stressed that trial would begin on the following Monday, as scheduled, without delay.

That Monday morning, January 9, 2017, Alcozer attempted suicide. In later testimony, Alcozer agreed that he had attempted suicide and that he had been depressed at the time. The record contains various references to a razor blade found taped to the underside of Alcozer's foot or shoe that morning. The details of the suicide attempt are not in the record, but Alcozer concedes it occurred. The trial court ordered a psychological evaluation and rescheduled trial.

On the morning of his next trial date, October 9, 2017, Alcozer was injured while being led into the courtroom for trial. The bailiff, S. Meskeet, testified about what had occurred. He stated that he was leading Alcozer and other criminal defendants into the courtroom. He saw that Alcozer abruptly stopped walking, which caused Meskeet concern that he might "get jumped," so he turned to observe Alcozer's actions. Meskeet testified that Alcozer "put both feet together, put his hands to his side and look[ed] at the table and just lean[ed] in for the table." Meskett described Alcozer as stiffening his body, raising himself onto his toes, and then impacting "straight in" with the table. Meskett testified that it appeared to be an intentional act, noting Alcozer's body was rigid, not a "wet noodle" like the other people Meskett has seen faint in the past.

Alcozer denied that he intentionally injured himself. He testified that he fainted and that it likely was the result of securing his neck tie too tightly.

The trial judge noted on the record that he did not see Alcozer fall into the table, but he did observe Alcozer unconscious on the courtroom floor immediately after the fall. The trial judge observed a large knot on Alcozer's head. The judge also noted that the table into which Alcozer fell was close to the jury box and the court reporter's work area. Trial was again rescheduled.

The State requested that Alcozer wear restraints when he next appeared for trial, and, after a hearing on the matter, the trial court granted the State's motion. The trial court found that Alcozer attempted suicide on his January 9 trial date (which was the date Alcozer had a razor blade taped to himself) and that he injured his head on the courtroom table on his October 9 trial date. The trial court concluded that "extreme and exceptional circumstances" existed that warranted the use of physical restraints during Alcozer's jury trial, including the danger that Alcozer presents to himself, court staff, and others *302in the courtroom. The trial court noted that the restraints would prevent Alcozer from using common items in the courtroom, like those on counsel's table, as weapons against himself and others. The trial court specifically ordered that the restraint system used include a wheelchair to decrease visibility of the arm and leg restraints. Finally, the trial court stated that it would "give every accommodation to Mr. Alcozer so that we do not present him chained and shackled in front of the jury," but it then reaffirmed that the extreme and exceptional circumstances required the use of restraints "to protect [Alcozer] and the other people that will be in the courtroom, including defense counsel."

On the morning of the third trial date, November 6, 2017, Alcozer again had a "medical issue," which the trial court found to "reinforce[ ]" its earlier ruling that Alcozer required physical restraints during his criminal trial for the benefit of Alcozer as well as "those with whom he comes in contact" in the courtroom.

Details on the event that trial date are not in the record, but the incident occurred at the Waller County jail on the day that Alcozer was to be transported to the courthouse for trial. The record contains the trial court's brief description of events. Alcozer was injured in his jail cell, transported to the hospital, and diagnosed with a head injury. The trial court did not disclose on the record the manner in which Alcozer was injured, but the trial court found that it was a head injury, that it "fit in with the prior findings," and that the injury furthered the conclusion that "extreme and unusual circumstances exist," and "reinforced" the need for restraints. The trial court read from the medical records and found that Alcozer remained "healthy" enough to "sustain trial."

Alcozer's counsel moved for another psychiatric evaluation based on Alcozer's statements that morning that "he feels like he is a danger to himself due to some mental impairment that he's suffering." Noting that Alcozer had been evaluated by mental health professionals while awaiting trial and had been found competent in two earlier competency exams, the trial court denied the motion.

Alcozer's attorney specifically objected to the use of "handcuffs and a wheelchair" as restraints, arguing that it went beyond the original restraint plan. In response, the trial court noted that Alcozer again had been injured on the newest trial date and that the specifics of this most recent injury event had "exacerbated" the extreme circumstances the trial court had already found to warrant the use of restraints. Accordingly, the trial court overruled the objection.

The trial court had a photograph taken of Alcozer, as restrained, to demonstrate how he appeared that day. A cropped copy of the photograph is attached as Appendix I. In the photograph, Alcozer is sitting in a wheelchair in an open space within the courtroom with his legs crossed at the ankles and his hands gathered in his lap. Cf. Comeauz v. State , No. 13-11-00440-CR, 2013 WL 3203143, at *6 (Tex. App.-Corpus Christi 2013, pet. struck) (likewise incorporating wheelchair into restraint system). The black and white photograph is darker at the ends of Alcozer's shirt cuffs, and Alcozer argues there is a "glint of the metal shackles" visible.

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571 S.W.3d 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alcozer-v-state-texapp-2018.